King v Kohn

Holding The court affirmed the dismissal of the plaintiff’s claims against defendant Gluck, holding that the fraud allegations were duplicative of the breach of contract claims and that civil conspiracy is not an independent cause of action. Additionally, the court affirmed the vacatur of the notice of pendency because the complaint did not seek relief affecting title or possession of real property.

The court’s words

New York does not recognize civil conspiracy to commit a tort as an independent cause of action

2026 NY Slip Op 05296, at the official text

A cause of action premised upon fraud cannot lie where it is based on the same allegations as a breach of contract claim

2026 NY Slip Op 05296, at the official text

the amended complaint, on its face, did not seek relief that would affect the title to, or the possession, use, or enjoyment of, real property

2026 NY Slip Op 05296, at the official text

in light of the potentially harsh consequences and relative ease of filing a notice of pendency, the courts should apply a narrow interpretation

2026 NY Slip Op 05296, at the official text